QUESTION
Can I sue the guy or is it just up to the judge in the drunk driving case?
Asked on Dec 20th, 2012 on Personal Injury - New York
More details to this question:
Last month, a drunk driver drove down my street and rammed into my parked car. The police found him there and arrested him but my car is totalled. I couldn't get to work easily.
19 ANSWERS
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You can make a claim against his insurance policy for payment of your vehicle. If he had not insurance, then you can pursue him personally.
Answered on Jan 08th, 2013 at 3:50 AM
Jonathan S. Safran
If the driver had insurance, his insurance would generally cover the damage to your vehicle. If you had auto insurance on your vehicle, including collision coverage, your insurance would generally pay for the damage to your vehicle, less your collision coverage deductible. If the other driver is being charged with a crime, you should contact the District Attorney's Office to see how you can make a claim for restitution for either the full damage to your vehicle or your collision coverage deductible reimbursement, along with any other damages such as out of pocket costs for you to have alternative transportation, and the District Attorney's Office will usually assist you with forms to complete in order for them to pursue your claim for the restitution with the court, and to ask the court to order the restitution to be paid to you by the driver. Otherwise, you certainly have the right to bring a civil lawsuit against the driver for your damages, usually pursued in Small Claims Court in Wisconsin, for the damage to your vehicle, along with other out of pocket costs for you to have alternative transportation. There is normally a six year statute of limitations in Wisconsin for pursuing a claim for property damage, however, the statute of limitations is normally three years in Wisconsin for claims involving personal injuries. You may wish to consult with an experienced personal injury attorney to discuss your potential claims and damages in more detail.
Answered on Dec 24th, 2012 at 4:06 AM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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The judge will probably order restitution, but the drunk's property damage liability insurance (a required coverage in Florida) should pay 100% plus loss of use (a rental car), sales tax and any tag fee.
Answered on Dec 23rd, 2012 at 7:38 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You certainly can sue the drunk driver who damaged your car. The first step is to approach his insurance company with documentation of the total loss of value of the car, and also of any personal injury you might have suffered. Include the additional cost of transportation caused by the unavailability of the car, lost time from work, etc. It's good to have a lawyer in your corner for any lawsuit of this kind. Good luck.
Answered on Dec 23rd, 2012 at 6:50 PM
You can sue him and hopefully he has insurance to cover your damages. You'll do it in civil court, not criminal court.
Answered on Dec 23rd, 2012 at 6:48 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Surely you can sue the drunk. The question is does he have insurance? Most drunk drivers aren't worth a judgment and if he doesn't have insurance you may be wasting your time.
Answered on Dec 23rd, 2012 at 6:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You definitely have a civil action against the drunk driver who caused you damage.
Answered on Dec 21st, 2012 at 2:07 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Find out who his car insurance is with and contact them to fix/replace your car.
Answered on Dec 21st, 2012 at 2:07 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If the drunk has insurance, you can ask them to compensate you for the car damage and a replacement car.
Answered on Dec 21st, 2012 at 12:45 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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First, you should try to file a claim on his insurance. They should pay your damages without your having to file suit, but, yes, you can sue him.
Answered on Dec 21st, 2012 at 12:44 PM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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Yes, you can sue for damage to your car. The fact that the guy was drunk really doesn't have any relevance. He hit your car, he is responsible for the damages, whether he was drunk or not.
Answered on Dec 21st, 2012 at 11:50 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If he is insured, the carrier will cover your car damage. If he was uninsured, your policy should hopefully cover your car.
Answered on Dec 21st, 2012 at 11:48 AM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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If the at fault party has insurance they should take care of your property damage, if not the judge in the criminal case can order restitution as part of his sentence, even if he plea bargains make sure you make contact with the District Attorney's office and let them know about your damage. If that doesn't work, assuming you have comprehensive and collision on your own insurance they should repair your car and to ensure it happens in the most expeditious way possible would make the claim on your insurance and let them subrogate, or go get reimbursement from his carrier, if there is one. That is why you have insurance and make them do their job.
Answered on Dec 21st, 2012 at 11:30 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, you can sue the guy for the cost of your car. Of course, if you had insurance, then the insurance company would sue him.
Answered on Dec 21st, 2012 at 11:29 AM
Depending on the value of your car, you could sue him in district court or small claims court. If he has insurance you can contact his insurance company. If you have insurance, your company should pay for your car and they will go after the drunk.
Answered on Dec 21st, 2012 at 11:29 AM
Yes, you can in a civil court action. If the drunk driver carried insurance, you can file a claim with his insurance company.
Answered on Dec 21st, 2012 at 11:28 AM
You can ask the judge to order the drunk driver to pay restitution to you to cover the cost of repairs. You can also ask your insurance company to pay for the loss - less your deductible - and go after the driver for those costs including your deductible.
Answered on Dec 21st, 2012 at 11:28 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This is an insurance matter. If you have collision, file a claim with your insurance company, they will pay for your car and then collect against his company. If you don't have coverage, then collect on his liability policy. If he is uninsured, find out the name of the assistant district attorney and ask as insistantly as you can that restitution be made part of the disposition of the case. If all else fails, yes you can sue him, but any of the above would be less difficult.
Answered on Dec 21st, 2012 at 11:27 AM
You can sue the drunk driver for your property damage. In addition the judge in the criminal case could order him to pay restitution. If you get the restitution, if an insurance company pays to fix your vehicle, you might have to pay back the insurance company up to the amount of the restitution or repair, whichever is less.
Answered on Dec 21st, 2012 at 11:27 AM